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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.11.27 2015노3721
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the F’s consistent statement, CCTV images, and the written diagnosis of injury, the judgment of the court below which acquitted the defendant, even though the defendant could be found to have inflicted a bodily injury by assaulting F as stated in the facts charged, is erroneous in the misunderstanding of facts.

2. Based on the evidence duly admitted and examined by the court below, the court below found the defendant not guilty on the ground that the defendant committed an act of injury as stated in the facts charged against the Eul on the grounds as stated in its reasoning (including the figures identified in theCCTV image and the statement in the F as to the victim, the developments leading up to violence, and the method of violence, etc.) based on the evidence duly adopted and investigated by the court below, it is hard to believe that the defendant also committed an act of injury to the F by assaulting the F's body in collusion with E and participating in the above act of injury. The remaining evidence submitted by the prosecutor alone is insufficient to recognize this, and therefore, the facts charged in this case constitutes a case where there is no proof of a crime. In light of the records in this case and the reasons stated in the judgment of the court below, the judgment of the court below is acceptable, and there is no error of law of misconception of facts as alleged by the prosecutor

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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